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B-190873 1 (1978-03-06)

handle is hein.gao/gaobadftl0001 and id is 1 raw text is: U I h f 1 (9R. Feldn ~ I FL 2 ) THE COMPTROLLnER rUrJiIRML DECISION r THE ' rNITEO STATES WASHINGTON, 0. 0. 20540 FILE: 3-190873 DATE: trch 6, 1978 MATTER OF: LIN Services, Inc.--Reconsideration DIGEST: 1. GAO will not review protest or request for reconsideration where issues become academic because protester is no longer interested in the contract, 2. Prior decisio.i denying protest, based solely on protester's rubmissions, is affirmed. Where it is possible to rendir summary denial on basis of protestor's submissions, agency report may not be obtained and protest may be decided on existing record. Ls Services, Inc. (L&M) requests reconsideration of our decision, L&M Services, Inc., B-190973, Janu- ary 17, 1978, 78-1 CPD . denying its protest and rejecting its claim for-ETd preparation costs because it failed to avail itself of the Small Business Admin- intration'a (SBA) Certificate of Competency (COC) pro- cedure which would have conclusively Lesolved whether the firm was qualified to parform the contrac'.. We also concluded that its objections to the agency's alleged misinterpretation of the specifications were moot and hypothetical in view of its failure to pursue with the SBA the quEstion of the firm's competency. In its request for reconsideration, L&M asserts that the firm did not apply for a COC to establish its responsibility to perfor¶ the contract because it was no longer interested in obtaining the contract. L&M states that our decision imposes an unfair burden on small business c6ncerns by requiring such firms to pursue the.COC procedure to preserve .ts rights to pro- test maters which go beyond&the queLtion of the firm's responsibility. L&M argues that a failure to pursue the COC procedure should not preclude the consideration by our Office of other protest issues. a- 1 -

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